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PATENT REGISTRATION IN INDIA


Introduction:


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The India Patent Office (IPO) grants Patent Registration in India for Inventions. Once the Patent is registered, the Applicant gets monopoly over his/her Invention for a prescribed period of time (Normally twenty years from the Priority date/Patent filing date). Applicant gets the sole right over the invention to exclude others from making, using, selling and importing the Patent.

In order to get the Patent Registration in India, a specific procedure provided in the Patents Act, 1970 and The Patents Rules, 2003 needs to be followed. Indian Patent Office with its branch offices in Delhi, Mumbai, Kolkata, and Chennai holds the authority for providing Patent Registration in India. The appropriate jurisdiction for Patent filing under said branch offices is normally decided based on the Applicant’s domicile or place of business or the place from where the invention actually originated. One can also file an application for Patent Registration through online procedures.



Patent Registration in India:


If an Applicant is looking for Patent Registration in India, we are happy to provide you with our services and help you through the Patent registration process in India. We also provide assistance for international Patent registration.





PATENT REGISTRATION PROCESS IN INDIA:


There are four main branches for Patent Registration in India. The Patent Registration offices are situated at Kolkata, Delhi, Chennai and Mumbai.



First Step for Patent Registration in India: Filing of Patent Application in Patent Registration Office, India:

Applying for the registration of Patent is the first step to start the process of Patent Registration in India. The question then arises is, who are eligible for filing Patent Application in India for Patent Registration? To answer this question, the Patent Act says that Patent application for the invention may be made by "True & First inventor of the Invention" "Assignee of the person claiming to be the true & first inventor" "legal representative of any deceased person who immediately before his death was entitled to make Patent application" for the Patent Registration. Therefore, only defined Applicant is eligible for filing of Patent Application for Patent Registration in India. For Patent Registration in India, Indian Patent Office accepts the prescribed Forms and documents along with the Official fees as given under the First Schedule of Patents Rule.

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Below is the prescribed Forms and documents which need to be filed in the designated Patent Office along with the Official Fees for the Patent Registration :


The following forms are to be submitted in the Patent Registration office to complete the Patent Registration process:


Form-1 (Application for grant of a Patent) : It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.

Form-2 (Provisional/Complete Specification) : It includes the information for the type of Application, the title of the invention, description, claims, abstract of the invention.

Form-3 (Statement and Undertaking) : It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent Registration.

Form-5 (Declaration as to Inventorship) : A declaration as to Inventorship must be filed in the Patent Registration Office of India.

Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act) : In the case where Patent Application for Patent Registration in India is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Registration Office.


Further, in the case where Patent Application for Registration in India is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application to the Patent Registration Office along with other required documents.
In the case where the previous Patent Application is in a language other than Hindi or English, a Verified Translation of the same also needs to be submitted to the Indian Patent Registration Office.


Form-28 (To be submitted by a small entity/start-up) : In order to take benefit under the category of small entity/start-up, proof or evidence needs to be submitted.


At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.



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Second Step for the Patent Registration Process : Publication of Patent Application in the Official Gazette :

Once the Patent Application is filed, it will be published by the IPO after Eighteen (18) months in the Official Gazette of the IPO for the Public. Publication of Patent Application is an automatic process; it does not require any request from the Patent Office in India. However, if one wishes to publish early, a request for early publication can be filed by the Applicant to the Patent Registration Office. On filing early publication, Patent Application can be published within one Month from the date of filing of the request.


Third Step for the Patent Registration : Filing of Request for Examination :

There is a prescribed form and timeline for filing an application for registration of Patent. The application is then examined by the authorities. The Controller examines the Patent Application, only after receiving of the request for examination. Upon receiving the request for examination, the Patent application is examined by the Patent Registration Office, India.

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Grant a monopoly to the inventor for his/her Idea/Innovation/Invention for the specified period by Patent Registation in India from IPExcel

Fourth Step for the Patent Registration: Issuance of objection(s) in the Examination Report:

Once the process of examination is done, the Controller either grants the Patent registration or issues an examination report. The report may include certain subject matter objection or procedural objection. Normally, the Applicant gets six months’ time for submitting the reply of the Examination report. As a next step, if Controller gets satisfied, grants the Patent else give a hearing option to the Applicant.


Fifth Step for the Patent Registration: Patent grant:

If the Patent application fulfils the prescribed criteria for a Patent Registration, it will be granted by the Controller, published in the Official Gazette of the Patent Office India and issue a Certificate for the Patent Registration to the Applicant.

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CONCLUSION:


For Patent Registration in India, above discussed minimum forms and prescribed fees must be filed. It is also important to understand that the Patent Registration in India is a complex and tedious task, each and every detail should be filed in the prescribed manner and meeting timelines mandatory. It is important that each and every step also need to be followed carefully and as per the directions provided by the Indian Patent Act and Rules. Therefore, it is always advisable to hire or consult an experienced registered Patent Attorney/Agent for registration of the Patent Application in India.

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Anand is a Technology Analyst with over than 15+ years of experience in the Technology & Patent Domain. He holds Masters (Integrated) in Chemistry and Ph.D. in Materials Science both from Indian Institute of Technology (IIT), Kanpur, India. Over the years, he has gained immense hands-on experience in consulting Technologists & In-house R & D Teams of Fortune 50 organizations for developing, protecting and licensing innovative proprietary technologies. He has worked onsite/offsite extensively with global teams of attorneys, technologist and business leaders across many jurisdictions such as US, Europe, Canada, China, South Korea, Singapore, and Middle East.
Prior to joining IPexcel, he has worked for 8+ years, in a Fortune 50 organization - General Electric (GE), where he provided Inhouse R&D teams with Technology & Competitive insights to help them in various stages of technology development & commercialization. He has also worked as a Senior Portfolio Manager at King Abdullah University of Science & Technology (KAUST), Saudi Arabia, where he was responsible for working closely with Technologists in creating, protecting, maintaining and commercializing IP Portfolios of KAUST. He was also a Director in an International Technology Consulting Firm, where he was responsible for driving growth of the Organization in global markets. Anand has also published 17 research papers in journals & conferences of International repute on Technology & TRIZ.

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Sandeep holds a Ph.D. in Electrical Engineering from George Washington University, Washington D.C., USA, an MBA in Innovation Management from ENPC,ParisTech, Paris, France and a Master’s in Physics from IIT Mumbai. He brings more than 14 years of leadership experience in Intellectual Property and Product Regulatory Compliance domain. Prior to joining IPexcel, Sandeep led the creation of an in-house patent operations for General Electric (GE) and managed a large team of patent professionals. He was responsible for all aspects of development, maintenance and defence of high-quality patent portfolio of GE Internationally and advised GE businesses on patent strategies and protection in various markets like US, EU, JP, AU, and KR. During his road to leadership, he has mentored several patent professionals to prepare high quality Patent Applications and Office Action Responses and personally drafted more than 200 Patent Applications and 250+ Office Actions in diverse technology domains including Advanced Materials, Power systems, Wind Energy, Aviation, Consumer and Industrial Appliances, Healthcare and Security. Sandeep championed Intellectual Property (IP) protection across businesses, drove IP culture and trained technologists in various businesses on aspects of strategic intellectual property and ingenerating high quality invention disclosures. He was also the Product Regulatory Compliance Leader at General Electric (GE),where he led interface of Middle East and South Asia Regions to ensure regulatory compliance of several product development teams in various businesses to enable market access for GE products. He also managed a wide portfolio of 5 businesses ranging from Healthcare(medical devices) to products in Oil & Gas sector, Power, Renewable Energy and Appliances businesses. Sandeep also handled government affairs and represented GE in various advocacy efforts with government regulatory authorities.

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He holds a Master’s degree in Biotechnology and LLB with specialization in Intellectual Property Laws. He is an IIT Kharagpur Alumni and has an overall experience of 7 years in Patent Laws. His expertise lies in Patent Drafting and Patent Prosecution for India & abroad. He has drafted more than 300 Patent Applications for India, US, Europe and PCT and has prosecuted more than 250 Office Actions for India, US, and Europe. Prior to joining IPexcel, he worked for Fox Mandal & Associates, the oldest law firm in India with International presence. Apart from Patent drafting & Prosecution, he represents IPexcel at Various National and International Forums.

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